1.1 Definitions
The following definitions apply unless the context requires otherwise:
“ASM” means Allsport Management S.A. of World Trade Center I, P.O. Box 51, 1215 Geneva 15, Switzerland its successors and permitted assigns;
“Alternative Facility” means any alternative hospitality facility at the Event that ASM makes available to the Client or any Client Party in the circumstances described in clause 4.4;
“Authorised Seller” means a person who has been authorized in writing by ASM to sell Tickets in 2010;
“Booking” means an order for Tickets which has been accepted by ASM on an Order Confirmation or on another form of written document acceptable to ASM;
“Caterer” means the persons or organisations appointed by or approved by ASM to provide catering, food and beverage services for the Facility in respect of the relevant Event;
“Client” means the party named and described as the "Client" on the Order Confirmation or such other person or organisation as may be substituted therefore with the written consent of ASM and where the context so requires shall include any employee, representative, agent or contractor acting on the Client’s behalf;
“Client Party” means the Client and/or any guest, employee, officer, representative, agent or contractor of the Client who attends the Facility or has a Ticket;
“Event” means the relevant round of the FIA Formula One World Championship™ or part thereof (including days on which practice, qualifying and any support races take place);
“Event Period” means such hours and day(s) as ASM advises the Client that the Facility is open and available to the Client for the relevant Event;
“Facility” means the Formula One Paddock Club™ (or the “Paddock Club™” as it is sometimes known) referred to in the Website;
“FOA" means Formula One Administration Limited of 6 Princes Gate, London, SW7 1QJ, England or such other address as it may from time to time operate from and/or where the context requires shall include Formula One Management Limited (“FOM”) or any employee, representative, agent or contractor acting on its or their (as the case may be) behalf;
“FIA” means the Fédération Internationale de l'Automobile, place de la Concorde 8, 75008 Paris, France or such other address as it may from time to time operate from or any employee, representative, agent or contractor acting on the FIA’s behalf;
"Order Confirmation" means a written confirmation by ASM or by an Authorised Seller to the Client that the Registration Form has been received and accepted;
"Paddock Club™ Parking Ticket" means a parking ticket or sticker issued to members of the Client Party at the discretion of ASM permitting parking in a Paddock Club™ Parking Area;
"Paddock Club™ Parking Area" means a dedicated parking area allocated by ASM (or by the promoter) at an Event for use by members of the Client Party who hold Paddock Club™ Parking Tickets;
"Refund" means a refund payable by ASM to the Client calculated in accordance with the table set out on the back page of this document as a percentage of the price paid or payable for any Ticket(s) cancelled in accordance with Clause 3.5;
"Registration Form" means a written application for Tickets on a standard ASM application form (or on such other document as may be acceptable to ASM from time to time);
“Terms and Conditions” or “Standard Terms and Conditions 2010” means these Formula One Paddock Club™ standard terms and conditions;
"Ticket" means a ticket, voucher or other form of pass issued by ASM permitting access to the Facility on a particular day of an Event;
"Total Fee" means the total fee advised by ASM or by an Authorised Seller on an Order Confirmation (or otherwise) as being payable by the Client for the Tickets plus VAT or any other applicable tax.
"Website" means the website located at www.formulaonepaddockclub.com or at such other web address or url used by ASM from time to time in relation to the Formula One Paddock Club™ ;
1.2 Interpretation
(a) Headings are for convenience only and do not affect interpretation.
(b) The singular includes the plural and conversely.
(c) A reference to conduct includes, without limitation, an omission,
statement or undertaking, whether or not in writing.
(d) Where there are two or more parties named as the Client, a reference to a
right or obligation of the Client confers that right, or imposes that obligation, as the case may be, jointly and severally.
2.1 Binding Agreement
These terms and conditions constitute the entire agreement between ASM and the Client and, where applicable, the relevant Authorised Seller for the purchase by the Client of one or more Tickets and shall be deemed to have been accepted by the Client when the client submits a Registration Form to ASM or the Authorised Seller .
2.2 ASM reservation of rights
Notwithstanding anything elsewhere contained in these Terms and Conditions, ASM reserves the right exercisable in its absolute discretion without giving reasons therefore to determine whether or not any requests contained within a Registration Form (or otherwise) for the purchase of Tickets are accepted.
3.1 Total Fee
The Client shall pay to ASM or the Authorised Seller (as the case may be) the Total Fee on or before such date(s) as ASM or the Authorised Seller notifies the Client on the Order Confirmation and/or on the relevant invoice.
3.2 Issue of tickets
ASM shall be under no obligation to issue any Tickets or provide any other benefits in relation to the Facility until the Total Fee has been received by ASM from the Client or the Authorised Seller in cleared funds. If only part payment of the Total Fee is received by ASM, ASM may, in its absolute discretion, provide to the Client or the Authorised Seller that number of Tickets which equates to the pro rata portion of the Total Fee received. The Client agrees that subject to Clause 10.2, notwithstanding the supply of fewer Tickets, the Client remains liable to ASM for the balance of the Total Fee.
3.3 Ticket Collection
ASM reserves the right to nominate and notify the Client (either directly or through the Authorised Seller) of the location where (and when) the Client can collect Tickets for which full payment has been received by ASM.
3.4 Additional Tickets ordered during an Event
Additional requests to purchase Tickets during an Event may be accepted by ASM in its absolute discretion and subject to such conditions as ASM may advise and which conditions may include immediate payment in a form acceptable to ASM and by such payment procedure as ASM may advise. Payment for all such additional requests will be subject to VAT or any other applicable tax.
3.5 Refunds
(a) Refunds shall be made on the price paid or payable (including VAT) by the Client to ASM for each Race Day Ticket or Non Race Day Ticket comprised within a Booking which the Client wishes to cancel.
(b) For the purpose of clauses 3.5(a), 3.5(c) or 3.5(d) a Race Day Ticket shall mean a Ticket valid for a Sunday of an Event and a Non Race Day Ticket shall mean a Ticket valid for any other day of an Event.
(c) A Non Race Day Ticket will only be sold to a Client if a corresponding Race Day Ticket has been sold to the same Client.
(d) By requesting cancellation of any Race Day Ticket, the Client shall be deemed to have cancelled any corresponding Non Race Day Ticket(s).
4.1 ASM to provide Tickets
Subject to Clauses 2 and 3 of these Terms and Conditions, ASM agrees to issue to the Client or Authorised Seller the number of Tickets for
which full payment of the Total Fee has been received. Lost Tickets will not be refunded or replaced without the consent of ASM exercisable
in its absolute discretion. Subject to Clause 10.2, in the event that ASM or the Authorised Seller advises the Client that it is unable
(or there is not sufficient space or availability) to provide the Client with the number of Tickets to the Facility for which payment of the
Total Fee has been made, ASM or the Authorised Seller shall, within 60 days of ASM or the Authorised Seller advising the Client, refund to the
Client an amount equal to the price paid by the Client for such number of the Tickets as ASM does not provide and ASM shall have no further liability
or obligation in respect of such Tickets.
4.2 Alterations to Facility
(a) Subject to Clause 4.2(b), no alterations or additions to neither the Facility nor any use of the Facility other than the use permitted by these Terms and Conditions will be allowed without the prior written consent of ASM (exercisable in its discretion). The Client is liable for and must indemnify ASM against any and all costs and expenses howsoever incurred in relation to any alterations or additions requested by the Client Party.
(b) Where the Client is permitted use of a dedicated area within the Facility (as determined by ASM), the Client may, at its own cost, decorate or theme the inside of such dedicated area, provided that 1) no items displayed (including signage) are visible from the outside of such dedicated area unless the Client has obtained the prior written consent of ASM and 2) the Client Party ensures that any and all references to the name of the Event (or to any other round of the FIA Formula One World Championship™) that appear in or on any materials located inside (or accessible from) the Facility correctly refer to the full and official name of the Event (or the full and official name of any other round of the FIA Formula One World Championship™ as the case may be) and have been approved in writing in advance by ASM. Unless otherwise agreed in writing between the Client and ASM the Client is fully responsible and liable for transporting all decorating/theming materials and other property belonging to the Client Party and for any damage caused within the Facility by such materials or property. The Client is liable for and hereby agrees to indemnify ASM from and against any claim, loss (including without limitation, indirect loss, consequential loss or loss of profit), damage, cost or expense arising from or connected with the transport, installation, erection, display, use, safekeeping, dismantling or removal of such materials and property.
4.3 Nature and Location of the Facility/Grandstand seats
ASM reserves the right to determine in its absolute discretion the nature and location of the Facility and any dedicated areas within the Facility at any Event in all respects including, without limitation, whether or not (and if so, any conditions upon which) ASM may provide grandstand seating (if at all) and if grandstand seating is provided by ASM, to also determine in ASM's absolute discretion the type and position of any grandstand seating so provided.
4.4 Availability of the Facility
If in respect of any Event:
(a) ASM does not build or use the Facility for any reason; or,
(b) ASM is unable to obtain or maintain rights to use the Facility,
(a) Except with ASM's prior written consent or as otherwise provided for in Clause 4.2(b), the Client shall procure that the Client Party shall not undertake advertising or promotional activity at the Facility, including, without limitation the displaying of any corporate signage or corporate identification within or outside the Facility.
(b) The Client shall procure that the Client Party shall not, without the prior written consent of ASM exercisable in its discretion use for any advertising, promotional or commercial purposes (including without limitation prizes, competitions, contests or sweepstakes) (in any media) 1) the name of ASM or 2) the name of the Event or 3) the name of any other round of the FIA Formula One World Championship™ (or any abbreviation or foreign language version thereof) or 4) any Tickets or 5) the " Formula One Paddock Club™" or the "Paddock Club™" name or logo or 6) the Facility or do any act or thing to imply or give the impression that 1) any Client Party or its activities are connected to or endorsed by the Formula One Paddock Club™, the Paddock Club™ or ASM or 2) that any Client Party is a sponsor of or supplier to the Event or the Facility or in some other way connected to ASM, the Event or the Facility.
6.1 The Client shall procure that the Client Party shall not use any of the expressions "Formula One™", "Formula 1™", "F1™", "FIA Formula One World Championship™", "Formula One Paddock Club™", "Paddock Club™" or any trade marks (whether registered or unregistered) or logo(s) pertaining thereto or any other intellectual property right owned by ASM or by any third party except with the prior written consent of ASM, FOA or the relevant owner or licensee of such trade mark or other intellectual property right.
6.2 The Client shall procure that the Client Party shall not use the name of the Event (or the name of any other round of the FIA Formula One World Championship™) or part thereof (nor any abbreviation or foreign language version thereof) nor any logo or graphic device of or relating thereto for any commercial purpose whatsoever without the prior written consent of ASM first being obtained exercisable in ASM's discretion. This is a fundamental term.
The Client agrees that ASM is the only person entitled to procure or authorise the provision of all catering, food and beverage services for the Facility at the Event and may appoint the Caterer and such other persons as it in its absolute discretion thinks fit to provide such catering, food and beverage services (or part thereof). The Client shall procure that the Client Party shall not bring food or beverages of any description in to the Facility without the prior written consent of ASM in its absolute discretion.
8.1 Display of Tickets
In respect of each Event, the Client shall and shall procure that the Client Party shall comply with all security arrangements and display in a clear and visible manner at all times on entry to and within the Event and the Facility, the correct Ticket and (if requested by ASM) wear a corresponding wristband at the Event and at all times upon entry to and whilst within the Facility and in any area of the Event where the Ticket permits access. ASM and/or its representatives reserve the right to refuse entry to the Facility to the Client Party or any other person who does not comply with the security arrangements or who is not displaying such Ticket and/or is not wearing such wristband, and ASM and the Caterer each reserve the right to refuse service to a person who is not displaying such Ticket and/or is not wearing such wristband within the Facility.
8.2 Compliance with directions
In respect of each Event, the Client shall comply, and shall ensure compliance by the Client Party with:
(a) any security arrangements, directions or notices displayed or given by officers, employees or agents of FIA, FOM, FOA, ASM or the promoter of the Event including, without limitation, notices, directions or other requirements relating to access and security at the Event or the conduct of the Client Party at the Event;
(b) the conditions of sale attaching to the Event and the conditions of entry displayed at the entrances to the Event; and
(c) all laws, regulations or requirements of any authorities (including, without limitation, the FIA, FOA and the promoter of the Event) having jurisdiction over the activities of ASM, the Event and/or the use or occupancy of the Facility.
8.3 Under 18 year old patrons
Without prejudice to Clause 8.1, the Client shall ensure that any Client Party who is under 18 years of age is accompanied and supervised at all times by his or her parent or guardian who must also hold a Ticket. Notwithstanding the foregoing, ASM reserves the right not to admit to the Facility at any Event (or sell Tickets for use by) any person seven (7) years of age or under.
8.4 Client Liability
The Client shall be responsible for and shall indemnify ASM against any loss (including any indirect loss, consequential loss or loss of profit), damage, injury, costs or expenses arising out of any act or omission of the Client Party at or in connection with the Event or arising out of any failure to comply with these Terms and Conditions save for death or personal injury caused by ASM's negligence.
8.5 Client acknowledgments
The Client acknowledges and accepts and shall procure that the Client Party accepts that:
(a) motor racing, the Event and certain activities associated therewith (including, without limitation, support races and support events and activities) are dangerous and that some personal risk may be involved in attending the Event and therefore attendance by the Client Party is entirely at their own risk;
(b) the Client, to the fullest extent permitted by law hereby:
(ii) indemnifies and agrees to keep indemnified each of the Indemnities against any such claims, loss (including any indirect loss, consequential loss or loss of profit), damage, costs or expenses brought by, or arising from any act or omission of the Client Party, save that nothing in these conditions limits or excludes (A) liability for death or personal injury arising out of the negligence of any of the Indemnities or (B) any damage incurred by way of fraud or fraudulent misrepresentation by any of the Indemnities
(ii) personal electronic devices (including still image cameras, mobile telephones and other personal communications devices) are permitted within the Facility and during the pit lane walkabout unless otherwise advised, provided that any Recording, Data and any image, including photographic images and any still pictures derived or capable of being derived from a Recording ("Image") of the Event that is recorded, stored and/or created thereon is used for personal, private and non-commercial purposes only;
(iii) the use of any such Recording, Data or Image for any form of public advertisement, display, commercial gain or for any other purpose (except for the non commercial use/private enjoyment of the Client Party) without the prior written consent of FOA, is strictly forbidden and shall constitute a breach of these terms and conditions for which the Client Party may be liable;
(iv) on request of ASM or FOA, the Client Party shall assign to FOA in writing (or procure the assignment to FOA in writing) the copyright and all other intellectual property rights in any Image or Recording of the Event that is created and/or recorded by the Client Party.
(e) the Client hereby agrees that by attending the Event it will be deemed to have:
(ii) obtained the specific consent of the Client Party to the use by ASM for the purposes contemplated in Clause 8.5(e)(i) above, where any such image includes an image of the Client Party; and
(iii) waived its personality rights to the extent necessary to permit such use and, where appropriate, to have procured the waiver by each Client Party of any personality or privacy rights to which such person would otherwise have been entitled;
(g) Warning: People with a pacemaker should contact security officials for assistance before approaching the electronic Formula One Paddock Club™ gates.
8.6 Liability for loss or damage to property
The Client acknowledges and accepts and shall ensure that it advises the Client Party that:
(a) any property brought into the Facility, any Alternative Facility or the Paddock Club™ Parking Area by the Client or any Client Party (or at the Client's or the Client Party's direction) shall be at its own risk; and
(b) ASM shall not be responsible for any loss of or damage to, howsoever caused (including without limitation any loss or damage caused by fire or theft), any property of the Client or the Client Party or any property within the possession of the Client or the Client Party which is lost or damaged within the Facility, any Alternative Facility or the Paddock Club™ Parking Area.
8.7 Additional Security Precautions
For reasons of security and safety, ASM reserves the right in its discretion:
(a) to refuse suitcases, bags and/or other objects being brought in to the Facility (or in to any area under the control of ASM) whether before, during or after the Event; and
(b) to inspect any bag or other item which any person wishes to bring in to or remove from the Facility, whether before, during or after the Event.
8.8 Tickets are not Transferable
After entry to the Facility on a particular day, Tickets are not transferable for that day.
8.9 Right to Refuse Entry
(a) ASM (or any person operating the Facility or any aspect of the Facility for ASM) may refuse entry to the Facility to a Client Party where ASM (or such person) regards it as necessary or appropriate to do so on grounds of health, safety, security or public order or where ASM or such person believes that the admission of that Client Party would be materially prejudicial to any other person's enjoyment of the Facility.
(b) Where a Client Party in possession of a valid Ticket is refused entry to the Facility under this clause 8.9, the Client shall be entitled to a full refund of the cost of that Ticket and neither ASM nor any person operating the Facility or any aspect of the Facility shall have any further obligation to the Client or that Client Party in respect of the Client Party's use or non-use of the Facility on the day in question.
The Client shall not (and shall procure that the Client Party shall not) sell, offer to sell, on-sell, exchange for fee, reward or other valuable consideration, assign, sublet, encumber, licence, sub-licence, transfer, dispose of or otherwise deal with any of the rights, benefits or obligations contained in these Terms and Conditions nor sell or offer to sell any Ticket(s) to a third party without first obtaining the prior written consent of ASM which consent shall be exercisable in its absolute discretion and which may include such conditions as ASM thinks fit. This is a fundamental condition.
10.1 Default
If the Client Party commits any breach of these Terms and Conditions, then on the giving of notice by ASM to the Client at any time after the occurrence of such breach:
(a) the Client shall be deemed to have forfeited its rights but not its obligations under these Terms and Conditions;
(b) ASM will be free to cancel or re-sell any Ticket(s) held by the Client Party who is in default;
(c) ASM shall be entitled to demand that the Client unconditionally and irrevocably constitutes and appoints ASM as its attorney to do, perform and execute all things and documents as may be necessary or desirable to transfer or assign the rights, benefits and entitlements of the Client Party who is in default; and
(d) the forfeit of any monies pursuant to Clause 10.1(a) shall not preclude any other rights which ASM may have under these Terms and Conditions.
10.2 Refund of monies to Client
Without prejudice to any liability of ASM for death or personal injury caused by ASM's negligence:
(a) If ASM does not operate the Facility or an Alternative Facility, or no motor car race is held at the relevant circuit during the Event Period, and neither the Client nor the Client Party uses or receives any benefit whatsoever from the Facility and services contemplated by these Terms and Conditions during that Event Period, then, upon the giving of notice by ASM to the Client, ASM may, in its discretion, elect to refund to the Client (or the Authorised Seller as the case may be) a percentage of the amount of the Total Fee received by ASM from the Client or Authorised Seller provided that the amount of such percentage, if any at all, shall be determined by ASM in its discretion. Notwithstanding the foregoing, ASM shall have no liability or obligation to the Client or the Authorised Seller in respect of the Facility or the Event as a result of the Facility not being operated or no motor car race being held and ASM shall be released and discharged by the Client from all claims and damages of any kind.
(a) Tickets or passes which are issued by ASM and marked with the words “Hospitality” (“Hospitality Pass”) or “Service” (“Service Pass”) are (subject to Clause 11.(b) below) not transferable and issued at the discretion of ASM solely for the purpose of permitting the holder of such a pass working access to and around areas within the Event specified by ASM on such conditions as ASM may determine from time to time including, without limitation:
(ii) on the condition that the holder of the pass agrees not to access or remain in general admission areas, grandstands, the pit walkabout areas, hospitality areas or any restricted area, except as is strictly necessary to fulfil the purpose for which the pass was issued.
(b) ASM reserves the right at its discretion to issue one or more Hospitality Passes and/or Service Passes which are transferable for a particular Event between persons specified or approved by ASM subject to such conditions as ASM may in its discretion determine;
(c) food and drink may not be consumed in the Formula One Paddock Club™ by holders of Hospitality or Service passes without the prior written permission of ASM who shall be entitled to charge such sum as it sees fit.
(d) One Hospitality Pass or Service Pass will be issued by ASM to the Client per 25 Tickets booked by the Client (whether achieved by way of coded permanent pass or by the issue of a specific Hospitality Pass or Service Pass).
(e) ASM reserves the right in its discretion to issue additional Hospitality Passes or Service Passes or to code any permanent pass, and if so, to impose such conditions as it deems necessary.
(a) Paddock Club™ Parking Tickets are issued at the discretion of ASM. ASM reserves the right to restrict and refuse entry to the Paddock Club™ Parking Area to any person not holding a Paddock Club™ Parking Ticket. Paddock Club™ Parking Tickets do not permit the parking of motor homes or caravans in the Paddock Club™ Parking Area. Motorbikes also require a Paddock Club™ Parking Ticket. Subject to prevailing weather conditions, the Paddock Club™ Parking Area will be open from 07h00 to 19h00 during the three days of an Event unless otherwise determined by ASM. Paddock Club™ Parking Tickets are issued at the discretion of ASM on such conditions as ASM may determine from time to time. Purely as an indicative guide, the ratio used by ASM is 1 Paddock Club™ Parking Ticket per 3 Tickets (for the same day) (or in Monaco 1 Paddock Club™ Parking Ticket per 5 Tickets (for the same day)). Additional charges will apply for any additional Paddock Club™ Parking Tickets approved by ASM outside this ratio.
(b) Tickets or passes issued by ASM and marked “Chauffeur” pass are not transferable and issued solely at the discretion of ASM to holders of Paddock Club™ Parking Tickets. The holder of a Chauffeur pass is entitled to access the circuit and the Paddock Club™ Parking Area by vehicle only when driving a vehicle displaying a valid Paddock Club™ Parking Ticket. The Chauffeur pass only entitles the holder to stay within or in the vicinity of his/her vehicle during the opening hours of the Event for the relevant day.
(c) With regard to any Event taking place in Australia, Singapore or Brazil all enquiries and arrangement shall be directed to relevant Event Promoter.
Smart casual attire is recommended. No jogging suits or beach wear will be allowed for the Client or any Client Party including any person under 18 years old. ASM reserves the right to refuse or restrict entry to the Facility, and may request the departure from the Facility of any person not complying with these Terms and Conditions. The Client is responsible for the good behaviour of each Client Party. No pets will be allowed within the Facility.
No amendment or variation of these Terms and Conditions is valid or binding on a party unless made or confirmed by ASM in writing.
No failure by ASM to exercise or any delay in exercising any right, power or remedy by ASM operates as a waiver of such right. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
(a) ASM reserves the right to require at any time that each and any person wishing to participate in any pit walkabout shall sign a waiver and release of liability as a condition of being granted access to the pit lane (and/or such other areas within the circuit as specified by ASM.
(b) ASM reserves the right to issue additional terms and conditions which shall apply to conduct or behaviour of persons using the Facility at an Event and/or to the conditions of sale of any Ticket in respect of such Event.
(c) The Client hereby grants to ASM the right exercisable in its discretion to reproduce and use the name and/or logo of the Client Party on signboards (or other advertising devices) located within or around the Facility during the Event and in any advertising and promotional material relating to the Facility.
Each of the provisions of these Terms and Conditions is severable from the other(s). If any such provision or part thereof is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Terms and Conditions but the validity, unenforceability or legality of the remaining provisions hereunder shall not in any way be affected or impaired thereby. Nothing in these Terms and Conditions shall in any way limit or avoid ASM's liability for death or personal injury caused by its negligence.
ASM may assign its rights under these Terms and Conditions to any third party and may perform its obligations under these Terms and Conditions through any third party without the consent of the Client. The rights of the Client under these Terms and Conditions are personal to the Client and may not be assigned or sub-licensed or otherwise transferred by the Client.
The FIA, FOA, the Indemnities and the promoter of the relevant Event may enforce the terms of Clauses 6.1, 6.2, 8.2 and 8.5 subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.
This contract is governed by the laws of England and Wales and the parties hereby submit to the non exclusive jurisdiction of the English courts for the purpose of enforcing any claim arising hereunder.
(a) It shall be the responsibility of the Client to verify with ASM whether that any person representing or holding itself out as an Authorised Seller is in fact an Authorised Seller.
(b) Authorised Sellers are independent entities and are not agents of ASM and have no authority to commit ASM or otherwise act on ASM's behalf and ASM shall have no responsibility or liability in respect of any representations or statements made by Authorised Sellers whether in relation to the Facility, the Event, these terms and conditions or otherwise or in respect of any acts or omissions of Authorised Sellers.
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